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Published online by Cambridge University Press: 01 January 2021
Human rights — Fair trial — Disciplinary proceedings against convicted prisoner — Penalty of loss of remission — Whether proceedings amounting to the determination of a criminal charge — Proceedings before prison board of visitors — Whether board an impartial and independent tribunal — Whether proceedings required to be held in public — Whether sentence required to be pronounced in public — Right to legal representation before board — Access to lawyer before hearings — Access to courts — Prisoners wishing to take civil proceedings against prison authorities — Requirement that complaint first be ventilated through internal prison procedures — Restrictions on access to lawyers — Respect for correspondence — Interference with prisoners' correspondence — Right to a remedy under domestic law — European Convention on Human Rights, 1950, Articles 6, 8 and 13
International tribunals — European Court of Human Rights — Procedure — Plea that applicant had failed to exhaust local remedies — Plea not raised before European Commission of Human Rights — Whether respondent State estopped from raising plea before Court — Existence of certain remedies only becoming apparent as a result of decision of English court while proceedings before European Court of Human Rights pending — Whether Court bound by Commission's decision regarding non-exhaustion of local remedies — Nature of proceedings before Court — Whether Court entitled to take account of changes in law of respondent State effected after events which are the substance of the complaint had occurred
Claims — Exhaustion of local remedies — Availability of remedy — Existence of remedy required to be sufficiently certain before it can be regarded as available — Doubts concerning effectiveness of remedy — European Convention on Human Rights, 1950, Article 26
Damages — Human rights violations — Pecuniary and non-pecuniary loss — Whether findings that violations had occurred constitute sufficient satisfaction — European Convention on Human Rights, 1950, Article 50
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